ML19330A266
| ML19330A266 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/21/1976 |
| From: | Head D Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007151069 | |
| Download: ML19330A266 (4) | |
Text
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UNIED ST/CES OF AFERICA NUCLEAR REGULUDRY CCIMISSION p
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OCT21 W6 M BEEDRE EE AlufLC SAFEIY AND LICENSING BOARD c l;,f.O'N f
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In the Matter of
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CWSWERS PCEER COMPANY
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Dtd<et Nos. 50-329
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50-330 (Miriland Plant, Units 1 & 2)
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FEDRANDGI AND ORDER In its Notice and Order Rescheduling Hearing issued October 4, 1976, the Atcmic Safety and Licensing Board (the Board) indicated i
that it would issue this Menorandum and Order to control fu..her t
conduct of this proceedir6-First, the Board notes that it has already by its Menorandum and Order of Octcber 14, 1976, granted the motion of the U.S. Nuclear Regulatory Ccmnission Staff (the Staff) requesting that the ACRS report be returned to the ACRS for clarificatien.
The Board is now amiting a response frcm the ACRS en the status of its current action on Midland as required by the U.S. Court of Appeals for the District of Colurbia Circuit in Aeschliman v. NRC, Appeal Nos. 73-1776 and 73-1867 (July 21,1976).
Until a reply is received frcm the ACRS, ccnsideration of any contentions that might arise frcm the ALRS action or of any discovery that might be appropriate in this area is prenature.
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, Further, in view of the present consideration by the C - 4=sion with regard a suspension of show cause proceedings relating to the fuel cycle issues, and in light of the proposed interim rule thereon issued by the C-4=sion on October 13, 1976 for comnent, it is inappuegulate at this time to open discovery in this case on the fuel cycle issues.
1 However, the Board hereby opens discovery with regard to energy conservation and to the issue of Dow Cb=4 cal Canpany's current involvenent. These are matters that are either now or in the very near future will be available for exploration through discovery.1/
Also, because of the contirnumce of the suspenth hearing until November 16, 1976, the Board will require that the parties provide written testimony in advance of the suspension hearing.
See Section 2.743(b) of the C-iasien's Rules of Practice,10 CFR Part 2.
The Board, however, pursuant to Section 2.711 will change e
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The Board notes that further infortration on energy conserva-tion is to be filed by the Applicant with the Staff during late October.
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the time requir ments for filing this written testimony so the parties and the Board will receive it far enough in advance of the suspension hearing to ensure an ample opportunity for review.
Accordingly, the Board hereby orders that written testimony in connection with the suspension hearing be filed on or before Friday, Novmber 5, 1976. Placing of this testimony in the mail on Noven-ber 5, 1976 will be considered as meeting the filing requir ment.
l If any party to the proceeding does not intend to present written testimony, they shall so indicate by letter to the Board and to the i
other parties. This letter c:ust also be mailed or otherwise served j
i upon the other parties and the Board on or before Friday, Noveber 5, i
1976.
In addition, during the course of the evidentiary hearing on the suspension issue, at a time that is ccnvenient for the parties and the Board, the Board will conduct a prehearing conference for the purpose of sharpening tb issues to be tried in the reopened i
proceeding. At that prehearing conference, the Board will expect s
the parties to address the necessicy for suhnission of specific contentions on the reopened issues and to address the issue of re-striking the cost-benefit balance in the reopened proceeddng.
Further, the Board will inquire into the parties' positions cn
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_ the need for discovery and on sch@ ling for the reopened hearing.
The Board will also censider all outsennaing motions at that pre-hearing conference.
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BY ORDER OF THE AIUiIC SAFELY AND LICENSING BOARD r
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Daniel M. Head, Ch 4 = n Issued this 21st day of October, 1976, at Bethesda, Maryland.
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